MONSON CONSERVATION COMMISSION
MINUTES MAY 13, 2015
MEMBERS PRESENT: Glenn Colburn, Leslie Duthie and Davis Johnson.
7:00 Arthur Goneau 71 Silver Street stated he sent the Commission photographs of the work National Grid is conducting on the utility right of way to upgrade the transmission lines. He stated contrary to what they said at the public hearing regarding returning the area to its original state they have left behind the blankets and gravel that were put down to stabilize the ground for the equipment, the excess soil has been left and what is there now is a trail for ATV’s. The area is endangered species habitat and National Grid were working there in March.
Leslie Duthie stated the Commission asked National Grid to do the work between November and March 15th on Silver Street, Reimers and Nieske Road because it is endangered species habitat.
Glenn Colburn stated he would agree with Ms. Duthie the work schedule was correct with regard to endangered species. The fill that National Grid has spread around is not in wetlands and the Commission has no authority to order it to be removed.
Arthur Goneau stated National Grid has left behind a trail for ATV’s and it is being used now.
Leslie Duthie stated she would agree about the easier access for ATV use, that is something the Commission is constantly fighting on the land the Town owns. It would appear that operators of ATV’s have little regard for other peoples’ property even when it is posted no motorized vehicle use.
Arthur Goneau stated the blankets were placed down to stop the gravel sinking into wetlands, they will not decompose.
Glenn Colburn stated he would follow through with the blankets but could understand they needed to put in a subsurface in order to do the work.
Leslie Duthie stated she was generally not unhappy with the work, National Grid have been open with the Commission and done the work they planned to do. The Commission has made site visits, but can follow up with questions about the blankets and gravel.
Arthur Goneau reiterated that National Grid has left material behind and not returned the area to its natural state, as they said they would at the public hearing.
Glenn Colburn stated National Grid has stabilized the area and spread mulch. The Commission has jurisdiction for work within 100 feet of wetlands and this work is out of the Commissions’ jurisdiction.
Arthur Goneau stated National Grid were in the area after May 1st spreading mulch and there was no spotter present as required by Natural Heritage and Endangered Species, additionally there are machine tracks across Silver Street. He stated they seem to be able to do anything they want, including cutting off locks from the gates and not replacing them when they are finished.
Glenn Colburn stated that was not correct National Grid have done what they said they were going to do within the time frame, but the Commission will follow up on the blankets and working after May 1st.
Glenn Colburn stated he would include the locks in his conversation with National Grid.
Arthur Goneau stated he was thoroughly frustrated with the ATV’s using this area and has called the police several times with no results.
Leslie Duthie stated she has also reported the ATV use to the police and the Commission has sent out letters to abutting property owners to enlist their help to stop the use of motorized vehicles on Town owned land.
7:25 RFD 7 Old Stagecoach Drive, Arthur Wnuk. Mr. Wnuk stated he wanted to extend an existing attached garage to a finished size of 26.5’ wide and 38’ deep. The existing paved driveway accommodates the widened garage and the addition to the garage would bring the rear of the garage even with the existing deck at the rear of the house. A silt fence will be erected prior to construction and all excess excavated material removed from the site.
Leslie Duthie stated the Commission made a site visit to the property. The Stagecoach Upper Pond is in the back of the property and although the work will be within 100’ of the pond all of the work is within existing yard. The rear of the property is lawn until you reach the bank of the pond where there is a line of trees.
Arthur Wnuk stated one cherry tree will be moved, not cut down but moved.
Glenn Colburn stated he was comfortable with allowing this small project to proceed without the necessity of a Notice of Intent.
Leslie Duthie moved to give a negative determination for work that is within the buffer as defined in the regulations, but will not alter an area subject to protection under the Act and does not require the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted, unanimous.
7:35 Silver Street, Gail Howard. Property owner Gail Howard and her consultant John Prenosil, JMP Consulting were not in attendance.
Leslie Duthie stated she had prepared a letter for Ms. Howard detailing the work the Commission expected to be done to address an Enforcement Order that was issued on January 16, 2014. She stated the Commission was taking this step because it has taken so long to come to any resolution. The work shall be completed within 45 days from the date of the letter:
- Armor banking between the driveway and stream (right hand side of the driveway) to start 45’ before the culver at stake #1 and continue to stake #2 170’ past the culver for a total length of 210’.
- Silt fence to be installed between driveway and stream prior to start of work.
- The driveway shall be pulled back away from the stream without affecting the stream.
- The culvert area on the upstream side shall be rip-rapped.
- A headwall shall be installed at the culvert location on the left side of the driveway going into the property and away from Silver Street.
- The Commission is requesting a winged headwall or an armored headwall at this site.
- The bank shall be armored on either side of the new headwall with rip-rap or as described by JMP Consulting for a distance of 20’ toward the road and 25’ toward the house.
The Commission voted to send the letter to Ms. Howard.
Leslie Duthie moved to accept the minutes of April 22, 2015.
Glenn Colburn seconded the motion.
Voting aye: Glenn Colburn and Leslie Duthie
Davis Johnson abstained, as he was not present at the meeting.
Glenn Colburn moved to accept the minutes of March 11, 2015.
Davis Johnson seconded the motion
Voting aye: Glenn Colburn and Davis Johnson.
Leslie Duthie abstained, as she was not present at the meeting.
The Commission signed Certificate of Compliances for ExxonMobile for work on State Avenue DEP 228-361 and Fern Hill Road DEP 228-366.
7:45 RFD 19 State Street Kim Evans. The request is for work involving the removal of tree stumps within the resource area that are the results of damage from the June 1, 2011 tornado.
Glenn Colburn stated following a site visit by the Commission the plan has been revised to keep all of the work approximately 25 feet from the river and to keep the rear 15 foot area as is.
Leslie Duthie stated she liked the revised plan.
Glenn Colburn agreed stating it protected the riverfront area. He stated straw wattles could be used instead of the filter fabric.
Kim Evans questioned if that was instead of the silt fence?
Glenn Colburn stated yes, straw wattles are mesh tubes approximately 25 feet in length filled with straw, when the project is complete cut the mesh and let the straw decompose.
Leslie Duthie stated they are easier to install than silt fence because they lie on the ground and do not have to be dug in.
Leslie Duthie moved to make a negative determination for work within an area subject to protection under the Act, but will not remove, fill, dredge or alter the area and did not require the filing of a Notice of Intent.
Davis Johnson seconded the motion.
It was so voted, unanimous.
8:00 Glenn Colburn stated he spoke with David Haines re: 175 State Avenue to arrange a site visit to review the wetland resource boundaries on Tuesday May 26, at 5:00 P.M. David Haines has requested a continuation of the Request for Determination to the June 3, 2015 meeting.
Glenn Colburn moved to continue the RFD for 175 State Avenue, Division of Capital Asset Management & Maintenance to June 3, 2015 at 7:15 P.M.
Leslie Duthie seconded the motion.
It was so voted, unanimous.
8:00 MAIL
- Complimentary calendar from Opacum Land Trust.
- Copy of a letter from the Board of Health to John Morrell regarding Beaver Permits. The BOH is requesting feedback from Mr. Morrell such as, number of beavers trapped (if any), alternative solutions for repeat permits at the same location.
Leslie Duthie stated she spoke with a Mr. Schaffer who is willing to attend a meeting of the Board of Health to discuss beaver deceivers as an alternative, and they do install them. The Board of Health has the same concerns as the Conservation Commission regarding issuing multiple permits at the same location if there is an alternative.
Glenn Colburn stated the cost should pretty much equal out, as Mr. Morrell has to pay someone to catch the beaver, with a beaver deceiver in place that money could be used to maintain the deceiver.
Leslie Duthie stated she would attend the Board of Health meeting when Mr. Schaffer was able to be at a meeting.
3. Forest cutting plan Beebe Road, Carpenter Realty 114 acres.
4. Forest cutting Plan Marjorie Taft, Moulton Hill Road 20 acres.
8:15 NOI 3 Pond Road, Cheryl Medvetsky. Mark Farrell, Green Hill Engineering was also present. He stated his clients’ property is bounded by Brimfield State forest on one side, a residence on the other side and property belonging to the Army Corp of Engineers at the rear. Ms. Medvetsky is asking to put up a barn with a concrete foundation that can be accessed from the existing driveway that is five (5) feet from the edge of wetlands. The work would be done from the driveway, build the first floor at the same elevation as the driveway and then go up.
Leslie Duthie stated she looked at site and the work is very close to the wetlands.
Mark Farrell stated Ms. Medvetsky reduced the size of the barn because one of the stakes was right on the line.
Leslie Duthie stated fill has been placed in the area, and five feet from the wetland line does not provide much protection.
Glenn Colburn questioned if more fill was going to be brought in?
Mark Farrell stated no, there would be three (3) to four (4) feet of foundation showing in the back.
Glenn Colburn stated he would agree with Leslie Duthie it is very close to the wetlands.
Mark Farrell stated the work would be done in the late summer or fall because there is only three (3) to four (4) feet before you would hit groundwater.
Glenn Colburn questioned if a dewatering area would be needed?
Mark Farrell Stated it would not be a bad idea to designate an area.
Glenn Colburn questioned stockpiled soils?
Mark Farrell stated no material would be stockpiled it will all be removed.
Leslie Duthie stated there are a lot of large boulders there.
Mark Farrell reiterated all excess material would be removed.
Glenn Colburn stated he was not in favor of fill so close to wetlands, by the time the forms and footings are put in a wetland flag would be in touching distance.
Leslie Duthie stated it is mostly woods on the other side of the driveway.
Glenn Colburn questioned if the wetlands go around to the other side?
Mark Farrell stated no it is upland, but Ms. Medvetsky burns with wood and all her log piles are in this area.
Leslie Duthie stated it appeared to her that there was a channel.
Glenn Colburn stated he looked on the GIS maps before coming to the meeting and it looked like there are channels and they get larger and larger. He suggested the Commission make a site visit to the property.
A site visit to 3 Pond Road was scheduled for May 26, 2015.
Leslie Duthie moved to continue the public hearing to June 3, 2015 at 7:30 P.M.
Davis Johnson seconded the motion.
It was so voted, unanimous.
8:35 Pulpit Rock Pond Association requested a continuation of the NOI for a drawdown to repair the dam gate mechanisms to August 26, 2015 at 8:15 P.M.
Glenn Colburn so moved.
Leslie Duthie seconded the motion.
Glenn Colburn and Leslie Duthie voted to continue the public hearing.
Davis Johnson abstained from the vote to avoid the appearance of a conflict.
Donald Frydryk, Sherman & Frydryk Land Surveyors & Engineering requested a continuation of the NOI for road paving and culvert repair/replacement to August 26, 2015 at 7:15 P.M.
Glenn Colburn so moved.
Leslie Duthie seconded the motion.
It was so voted, unanimous.
Leslie Duthie stated for the Commissioners information Don Frydryk contacted her about a blocked culvert on Cote Road, close to T Peck Road. There is a little bridge and a culvert, the water is going around the culvert. She stated she made a site visit with Don Frydryk, the sand is running off of the road and filling the existing culvert, but that is really not the problem, the problem is the result of the grade of the road. The road grade needs to be raised and the run off treated along the side of the road. Don Frydryk discussed raising the grade of the road and the culvert a little and put in a rip rap swale. Leslie Duthie stated this is a large water shed. This area of Cote Road is part of the Notice of Intent that the
Commission has continued at the request of the applicant and was planned to be paved, but this culvert is not one of the culverts that is addressed in the NOI. The rip rap swale that Don Frydryk proposes is to prevent sand running into the stream.
Glenn Colburn stated he was disturbed at the cutting plan that was approved for the June E. Skorupski Trust, Helen Moore, Trustee property located on Silver Street. The trees have been taken out all along 12 Mile Brook. He stated he would contact Doug Hutcheson about the cutting plan.
Davis Johnson agreed stating everything has been cleaned out right up to the border of his property. The stream is now getting a lot of sun exposure.
Glenn Colburn questioned the progress on the acquisition of the land that the Town is purchasing from the Moore family.
Leslie Duthie stated she spoke with Donald Frydryk regarding the survey for the property and a description of metes and bounds, everything is on hold until that is done.
Leslie Duthie stated Morgan Chambers a senior at the University of Massachusetts has completed a Management Plan for the Bailey property on Cedar Swamp Road as her senior project.
Glenn Colburn questioned if the Commission had received anything from Robert Sanderson, Thayer Road?
The Commission has not received anything from Mr. Sanderson.
8:50 Arthur Goneau Silver Street questioned what was happening with the property on Silver Street that the Commission issued an Enforcement Order for a violation of the Wetland Protection Act.
Leslie Duthie stated as discussed earlier in the meeting the Commission has issued a letter detailing the work that must be done to correct the violations, such as an armored slope and headwall on one side of the culvert.
Arthur Goneau questioned what the Commission was doing about the beaver? He stated that the septic system has not been impacted.
Leslie Duthie stated this is private property, if the beaver activity has an impact on septic systems the property owner should contact the Board of Health.
Glenn Colburn stated surface water was affected by the beaver but not at the ground level.
Arthur Goneau stated the static level of wells are being impacted by the beaver.
Leslie Duthie stated there is no sign of the beaver along the driveway at this time. The Commission issued an Enforcement Order on January 14, 2014 and the letter that the Commission signed this evening details what the property owner must do to correct the violation.
9:00 Leslie Duthie moved to adjourn.
Glenn Colburn seconded the motion.
It was so voted, unanimous.
Respectfully submitted,
Linda A. Hull
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